July 2011

Do Companies Fall Short in Promoting Nutrition and Can We Help?

A Quick and Dirty Regulatory Introduction

July 24, 2011Society for Nutrition Education, Bee Marks Symposium

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Pop Quiz: Healthy ?!?!

Kid’s Cereal Frozen Desserts Lettuce Flavored Water

Avocado EVOO Nuts Fatty Fish

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Pop Quiz: What kind of claim is it?

Nutrition Keys Guiding Stars More Matters Traffic Light

Heart Check 3-A-Day Eat Smart Whole Grain Seal

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Instant Expert

• All information on a label must be truthful and non-misleading

• All food label claims about nutrition and health are voluntary

• All foods that carry voluntary claims about nutrition and health must also have nutrition labeling

• Statements made on the label and in labeling must conform with federal regulations

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Policy Issue: Front-of-Pack Labeling

• “Front of Pack” labeling commonly refers to nutrition and health information found in voluntary claims on the primary display panel of a product:

• Nutrient Content Claims

• Structure Function Claims

• Health Claims

• Dietary Guidance

• Voluntary claims are put on pack to inform consumers about things like food groups, healthy diets, overall nutrient content, or “Better for You” choices

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Policy Issue: Front-of-Pack Labeling

• Wide variety of icons are in use in the marketplace on front-of-pack and at point-of-sale

• The use of symbols, logos, and icons to communicate nutritional information on the front of pack has seen substantial growth during this decade

• IOM Phase II report pending; FDA, in coordination with FSIS, is currently studying approaches to nutrition symbols and may develop guidance or regulations surrounding their content and use on both front-of-pack and at point-of-sale

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Nutrient Content Claims

• Nutrient content claims characterize the level of nutrients in foods

• There are two types of Nutrient Content Claims• Expressed- Relative, % Comparisons, Quantitative• Implied- Healthy

• All the provisions for nutrient content claims also apply if the claim is part of the brand name of the food

• Information from the Nutrition Facts Panel included elsewhere on the label is regulated as a nutrient content claim

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Healthy: An Implied NCCFoodIf small RACC (<30 g or <2 T) base on 50 g amount

Main DishAt least 180 g; No less than 2, 40 g portions from at least 2 food groups

MealAt least 300 g; No less than 3, 40 g portions from at least 2 food groups

Fat (low)

< 3 g per RACC ≤ 3 g fat per 100 g and not more than 30% of calories from fat

Saturated Fat (low)

<1 g per RACC ≤ 1 g saturated fat per 100 g and less than 10% of calories from saturated fat

Sodium <480 mg per RACC and labeled serving

≤ 600 mg per labeled serving

Cholesterol < 60 mg per RACC and labeled serving

< 90 mg per labeled serving

Other NutrientsA, C, calcium, iron, protein, or fiber

Contains at least 10% RDI per RACC of 1

Contains at least 10% RDI per labeled serving of 2

Contains at least 10% RDI per labeled serving of 3

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Structure-Function Claims

• Both express and implied claims communicating the benefits of food and food components in promoting and maintaining the health of the normal structures and functions of the body

• The claimed effect in a structure function claim should be achieved through the nutritive value of the food

• Structure Function claims about Non-nutritive characteristics associated with the product is considered a drug claim

• FDA does not require conventional food manufactures to notify FDA about their S/F claims and disclaimers are not required for conventional foods

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Health Claims

• Defined as any claim made on the label or in labeling of a

food, including dietary supplements, that directly or by

implication, characterizes the relationship of any substance to

a disease or health condition

• Must follow specific provisions for the claim

• Must be stated in ways the public can understand the

information provided and in relation to a total daily diet

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Health Claims

• The food must reflect “low” regulations for nutrients to be

reduced in the diet

• The food must reflect “high” regulations for nutrients to be

increased in the diet

• Minimum Nutrient Contribution Requirement The food must

contain 10 percent or more of the RDI or DRV for vitamins A,

C, iron, calcium, protein, or fiber per RACC prior to nutrient

addition (“Jelly Bean Rule”)

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Dietary Guidance Statements

• Dietary guidance statements can includestatements about food and reduced risk of disease or health condition

• Refer to foods and not nutrients

• Provide information about a general food choice or about how to achieve a healthy lifestyle

• Do not require FDA authorization or approval needed for health claims

• Expect FDA to propose rules and issue draft guidance further regulating dietary guidance statements sometime in 2011/2012

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Melissa Musiker, MPP, RD, LD

Vice President, Food and Nutrition Policy

APCO Worldwide700 12th Street Suite 800Washington, DC 20005

Email: mmusiker@apcoworldwide.com

Website: www.apcoworldwide.com

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